INTRODUCTION TO CIVIL LAW AND PERSONS

INTRODUCTION TO CIVIL LAW AND

PERSONS

RULES OF THE SOCIAL ORDER IV

RULES OF THE SOCIAL ORDER IV

• The main characteristic of the legal rules is that they are bounded by legal sanctions.

These sanctions are mainly defined by legal rules and naturally legal rule makers. Any breach of the legal rules will be resulted with these sanctions. These sanctions may differ from each legal rule. They are sanctions that will be executed by public forces and State.

So any sanction but State sanction is refused by the legal system.

• Sanction is the result othat will the breacher of a rule will face.

RULES OF THE SOCIAL ORDER IV

• Sanction in law is the result that the breacher will face in case of the breach of the obligations arose from legal rules.

• Public authorities and more clearly State itself is the only applyer of these sanctions.

• The aim of the sanctions is to make people obey the rules.

RULES OF THE SOCIAL ORDER IV

• Historical background of the sanctions:

• «In ealry ages of the humanity, the main sanction was to revenge from the person.

Than, the condemnation of the criminals has begun. After these period, the procedure of the complaint by the victim to the judge has accepted. The logic was that a crime was only commited against the victim. In time, it was seen than there was also some other types of the crime that was affecting the society but not an only person. Against those crimes, the complaint of everybody was needed. After these era, because it was practically impossible, many crimes against society hasn’t been complainted. Because of that, the order of the society has fallen. Also, behaviors against religion was also considered as crimes. Than in time, it was accepted that crimes are braeches of the public order.

RULES OF THE SOCIAL ORDER IV

• Types of sanctions:

• Types of sanctions differ at each branch of law.

• Punishment:

• Punishment is the main ssanction in criminal law. It is the result of the crimes, which are acts that considered harmful for the public order according to the code makers.

• Punishment can be different for each crime.

• There cannot be any punishment or crime whcih are not regulated in a code.

RULES OF THE SOCIAL ORDER IV

• Compulsory enforcement:

• In case a debetor didn’t execute her/his/its obligation, the State authorities will use the public force to make these obligations be executed.

• So it is a sanction about the law of obligations.

RULES OF THE SOCIAL ORDER IV

• Compensation:

• Someone who creates a damage in anothe person’s patriomony or personality, he/she has

to compansate the damage. This is called the obligation of compensation. This can be as a

monetary compensation or real compensation.

RULES OF THE SOCIAL ORDER IV

• Invalidity:

• In case a lack of some conditions in a legal act, this legal act will be invalid.

• In that case, that legal act will not have any legal results.

• Inexistence, nullity, cancellability or absolute invailidty are types of the invalidity.

BRANCHES OF LAW I

• Classification plays an important role in social sciences.

• In law also, a classifictaion among different law branches has been made.

• It serve not only to systematization of issues but also it is important for the practice of law. Some tribunals are to be solved for only cases about some significant law branches.

• The classification of private law and public law is made by Roman law and still existing

in Civil law countries.

BRANCHES OF LAW I

• The important point at the classification such as private law and public law is that the parties of the legal relationships.

• According to the classical relationship, public law comprises of the relationships between State and State or State and person.

• Private law comprises of the relationships between persons.

BRANCHES OF LAW I

• Private law has some sub-branches, such as:

• Civil law

• Commercial law

• Private international law

BRANCHES OF LAW I

• Civil law

• Civil law is the broader sub-brach of the private law.

• All notions used in private law is subject to the civil law. These notion will be applied to all private law relations.

• Civil law also have some sub-branches such as law of persons, family law, law of goods,

law of succession and obligations law.

BRANCHES OF LAW I

• Law of persons:

• It is the sub-branch of the civil law in which real persons and legal person are subjected to.

• The beginning of the personality, its scope and its ending are main topics in law of persons.

• Law of persons is the first book of the Turkish Civil Code and regulated in between art. 8

and 118.

BRANCHES OF LAW I

• Personality starts with the birth and ends with the death.

• Every person has the capacity to have rights. The capacity to have rights is the capacity to have right and obligations.

• The capacity to act is different than capacity to have rights. It is the capacity to have

rights and obligations by a person’s own legal acts. It may be considered as the capacity

of the legal act. To have it in full terms, a person should have the mental competence,

maturity and shouldn’t be restricted.

BRANCHES OF LAW I

• The protection of the personality is another matter covered in law of persons. The person whose personal rights are breached has the right to ask to stop the breach or

compensation of damages.

• Legal persons are also covered in law of persons. Their general provisions, associations

and foundationsa are covered.

BRANCHES OF LAW II

• Family law is a sub-bracnh of civil law.

• It is the second book of the Turkish Civil Code and regulated between art. 118-494.

• Family law comprises of the engagement, marriage, the invalidity of marriage, divorce

and its results for the spouses and children, monatary regimes of the marriage, general

provisions of the marriage, adoption, custody, goods of the children.

BRANCHES OF LAW II

• Law of succession is another sub-branch of civil law. The patrimony of a dead person and its distribution is regulated under law of succession in Turkish Cvil Code between articles 495-682.

• The perliminary question is to define the successors.

• The successors are legal successors, successors with hidden shares and state.

BRANCHES OF LAW II

• Law of goods is also a sub-branch of civil law. It is the 4th book of the Turkish Civil Code and regulated between articles 683-1027.

• Real rights make the right owner use a direct dominance over a good. These rights can be claimed againist everybody and may be breached by everybody. The general topics of the law of goods are these properties and types.

• Real rights can be on a movable and unmovable goods.

• In article of 704 Turkish Civil Code, the unmovable goods are cited. Exxcept those

goods, all goods are movable goods.

BRANCHES OF LAW II

• Real rights are numerus clausus.

• It means that the types of real rights and their properties are regulated by code.

• People cannot create a different real right.

• Real rights are property rights and limited real rights.

• Limited real rights have many types.

BRANCHES OF LAW II

• Law of obligations is also a branch of civil law.

• It is regulated in Turkish Code of Obligations.

• According to article 646 of the Turkish Code of Obligations, it is the fifth book of the Turkish Civil Code.

• Law of obligations is about the right to claim and obligation.

• According to the Turkish Code of Obligations, law of obligation has two parts: general

provision, special provisions.

BRANCHES OF LAW II

• In general provisions of the law of obligations, the sources of obligation, the formation of contracts, torts, their conditions and results and unjust enrichment are covered.

• Besides the execution of the obligations and non-execution of them are also covered.

• According to types of the breach of the obligation, the results are differing.

BRANCHES OF LAW II

• In special provision of the law of obligations, types of the most common contracts are regulated.

• These are provisions about sale, construction, employment, mandate etc.

• These contracts are regulted with their types and the special part of the law of obligations delas with all these types.

• The articles of the special provisions will be applyed primarily against the articles of the general provisions.

• Lex specialis derogat lex generli.